OFT welcomes end of Scottish legal ‘mixed doubles’ rule

7 October 2008

The Faculty of Advocates has issued a ruling to revoke what has become known as the “mixed doubles” rule. The change means that advocates and solicitor advocates in Scotland can appear in court acting for the same client.

The Office of Fair Trading has welcomed the rule change, which dates from 1993 when certain solicitors in Scotland (“solicitor advocates”) were permitted to plead in the High Court and Court of Session. Advocates, the equivalent of barristers in the English legal system, previously had exclusive rights to plead in those courts.

The Faculty of Advocates said its Dean, Richard Keen QC, decided to revoke the rule following dialogue with the Scottish Government and the Office of Fair Trading and extensive discussions with Faculty Office Bearers and the Faculty Council.

Mr Keen said: “I believe this will increase freedom of choice and that is important for the consumer of legal services.”

The new ruling took effect as from 23 September.

The Office of Fair Trading has welcomed the move. Previously the OFT had expressed concern that the rule could be anti-competitive and potentially in breach of the Competition Act 1998.

Cavendish Elithorn, OFT Senior Director of Services, said: “Consumers in Scotland will now have the same choices as those in England and Wales and benefit from a more competitive market.”